The High Court dismissed Noel Kerr’s claim against O’Reilly Solicitors for €12,500 and copies of a client file, making no order as to costs.
In a judgment delivered on 18 February 2013, Kearns P. said Kerr had not discharged the burden of proof or shown why the relief he sought should be granted. The court concluded that the €12,500 was not owed by the solicitors.
Kerr brought the proceedings by special summons returned on 10 December 2012. He said he had not received money awarded to him in 2006 in an earlier case and sought copies of file 2002 No. 2996 P, held by the firm. His affidavit referred to advice from the Law Society to seek the court’s assistance and to a previous request for the file, for which he was told costs had to be paid in advance.
The firm’s replying affidavit, filed by Brendan O’Reilly, disputed that money was due. It said the damages award was €12,500, with costs to be taxed, and that taxed costs produced a balance of €10,375 payable to Kerr after €4,559 in motion costs was set off against €14,943 in Circuit Court costs. The affidavit said that sum was applied towards €41,559 in charges for work on Kerr’s behalf, leaving a balance of €31,202 that he declined to pay.
The affidavit also said the other party had refused to pay the damages award and claimed a right to set off additional costs. It said Kerr did not provide further instructions or funds to pursue enforcement. These were the firm’s account of the dispute; the judgment does not record a determination of the underlying enforcement or set-off issues.
Kerr also sought the file. The court said he had not provided enough supporting documentation to justify ordering its release. It noted that solicitors are normally entitled to exercise a lien over a client’s file until outstanding fees are paid, but said the information provided was insufficient to make a finding either way on that issue.